View Single Post
  #5 (permalink)  
Old 10-18-2016, 03:45 PM
Tayken's Avatar
Tayken Tayken is offline
Senior Member
 
Join Date: May 2011
Posts: 6,563
Tayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant future
Default

Quote:
Originally Posted by mafia007 View Post
Trial was postponed to May 2017 list as the January list was all booked.
You may be bumped up to that as matters that are scheduled are settled. So be ready for January sittings.

Quote:
Originally Posted by mafia007 View Post
Since my pension has a value exceeding 50% of my total assets, I was forced to transfer the matrimonial home in her name alone until trial.
Now, transferring title is very different from an awarded of sole possession of the matrimonial home. Which is it? Generally a court won't order the transfer of an asset at this stage int he game.

Quote:
Originally Posted by mafia007 View Post
It was not in the BIOC to have the home listed for sale at this time.
Who is residing in the residence? The other parent and the children? If that is the case, then they would order SPMH to the other parent residing there generally. This is not the same as transferring title.

Quote:
Originally Posted by mafia007 View Post
The equity will be debated during the equalization process.
That is because they likely want to secure your portion of the equity against any costs and the other parent's as well. The only "liquid asset" is the home. (Although it is not very fluid.)

Quote:
Originally Posted by mafia007 View Post
I find it unfair that my former spouse will receive the assets that can be liquidated now while I can not touch my assets until I retire.
I doubt that the order resulting from motion allows for this. It sounds like an order for sole possession of the matrimonial home and not a title transfer.

Quote:
Originally Posted by mafia007 View Post
Like everyone else, including my STBX, I have accumulated a lot of debts since separation and it is only with the matrimonial home (from the equity) that I can get the funds to repay.
There is also your employment opportunities to pay back debt.

Quote:
Originally Posted by mafia007 View Post
The judge sympathize with my position and truly believe that I have good arguments for at least get part of my equity at the trial in May to help me financially.
Again, it sounds like a SPMH order which prevents you both from doing anything with the asset generally. The asset is locked up now and the trial judge will have to determine the equalization of assets against costs and other debts.

Quote:
Originally Posted by mafia007 View Post
He said he would add it in the order to be considered by the trial judge. Bla bla bla it's still a case by case scenario and it's hard to predict the outcome.
Again, it doesn't sound like a title transfer and it would be very rare for a judge to order the title transfer on motion where the funds are not secured with a third party real estate lawyer if sold.

Quote:
Originally Posted by mafia007 View Post
Really, it's nice to have a good pension but when it comes to divorce, it becomes a financial issue that causes more pain in the ass.
How so? They could equalize the pension so that the other parent gets the equity in the home and you keep your pension. Pay now or pay later. Half your pension is gone anyways. It would be better to be cash strapped now as pensions are protected from bankruptcy.

So you could technically file bankruptcy after everything and still keep your pension if they equalize it so that you get 100% of the pension in return for your share in the equity of the matrimonial home. The judge may be protecting the asset from bankruptcy from you.

Quote:
Originally Posted by mafia007 View Post
The way I look at it now is 1- if I get my equity, I would be able to repay my debts and move forward but 2- if they order not to split my pension at source, I will live on Kraft Dinner for the next 10-15 years but will have a nice retirement in +/- 18 years.
Or you could upgrade your skills and earn a larger income and pay off your debts. 10-15 years of not working is very long. Many disabled people choose alternative employment. You could get a degree in IT and write javascript and make a lot of coin. More coin than sitting at home waiting for a pension to execute.

Quote:
Originally Posted by mafia007 View Post
The hic... what if I don't make it there?hummmmmmmmm.
Then your pension becomes the property of the children. Are you planning to have a stroke in the next 10-15 years? Honestly, you need to pull up your socks and find real sustainable employment and stop digging yourself into debt.

Quote:
Originally Posted by mafia007 View Post
But me and my gf are trying the best we can with the little we have.
Then upgrade your skills and get jobs in IT or another field where you can earn a good income. You are able to use a computer. You post to this forum. So IT isn't that far of a reach for you.

Quote:
Originally Posted by mafia007 View Post
We know it's hard to predict the future but we try to manage it day by day. But geeees, I never had to pay that much interest on my credit cards every month!
Upgrade your skills and move on. No magic Family Law wizard is going to come and wipe away your debt. You need to do that yourself. If you are not working to your full capabilities now is the time to get on that.

Quote:
Originally Posted by mafia007 View Post
The other issue; Access.

Trial is postponed until May. How can I get more access until then? It will be another Christmas without the kids... grrrrr! I guest this is how I will need to work this out.
Make a polite request. If it gets turned down then you use that rejection in your trial. That is the best you can do for now.

Quote:
Originally Posted by mafia007 View Post
- will try to start the reunification therapy ASAP with D14 and D8.
Was it ordered?

Quote:
Originally Posted by mafia007 View Post
- will encourage S16 to come more often and increase his journey with me to include the Friday nights in the weekend.
- will ask for Holiday share time with her lawyer and see what are the answers (will be negative for sure)
That is about all you can do.

Quote:
Originally Posted by mafia007 View Post
- will ask for more time after weeks of therapy and see what are the answers (will be negative for sure)
- will document everything (even if my demands are being ignored)
Not much else you can do. Remember to be polite. To "kindly ask" etc...

Quote:
Originally Posted by mafia007 View Post
She keeps on saying that the kids do not want more time with me but according to the CL, she's behind this and this is why I need therapy with my girls.
Then go and let the therapist testify to the reasons given by the children.

Quote:
Originally Posted by mafia007 View Post
I've requested to have access to CAS investigation reports and was granted with such at my last appeal. yeah! I cannot go against D14 and S16 wishes but will keep on fighting for D8 for sure because the same thing might happen.
Well, you are somewhat out of luck with the 14 and 16 year old. But, the 8 year old doesn't get to choose.

My advice... No more motions.

Good Luck!
Tayken
Reply With Quote